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On appeal from: [2008] EWCA Civ 1448

The appellant appealed against a decision that recorders were excluded from the protection afforded to part-time workers by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. Questions referred to the CJEU as follows: whether it was for national law to determine whether or not judges as a whole were workers who had an employment contract or employment relationship within the meaning of the Directive 97/81 Framework Agreement, cl.2.1, or whether there was a Community norm by which that matter had to be determined. If judges as a whole were workers who had an employment contract or employment relationship within the meaning of cl.2.1 of the Framework Agreement, whether it was permissible for national law to discriminate between full-time and part-time judges, or between different kinds of part-time judges in the provision of pensions.

For judgment, please download: [2010] UKSC 34
For the Court’s press summary, please download: Press Summary
For a non-PDF version of the judgment, please visit: BAILII